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These pages contain the Terms of Service (hereafter Agreement) governing use of this smokeaway.com website. These Terms of Service are binding on all users. Users should visit this page periodically to review its contents for updates and changes.
For purposes of this Agreement, “smokeaway.com” refers to this corporation, and “Smoke Away” refers to the smoke cessation support program available for purchase on this smokeaway.com website. The terms “We, Us and Our" refer to smokeaway.com. The term "You" refers to Users of this smokeaway.com website and Purchaser of Smoke Away.
For orders placed within the United States, these Terms and Conditions are between You and Evergreen Marketing, LLC. For order placed outside the United States, these Terms and Conditions are between You and Evergreen Marketing, LLC
1. Payments and Payment Processing - By clicking "Order Now", I agree to the terms and conditions. I will be charged according to the quantity of, and at the listed price of, each product I order. This is a one-time charge and no further charges will be made unless you visit the website and place another order.
Please consult your physician before beginning any program. If there is a change in your medical condition, please notify your medical counselor immediately. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
2. Our purpose is to provide a program that will help individuals realize improved health.
3. By accepting this Agreement as outlined herein, User indicates to smokeaway.com that you have read and understand all terms and conditions contained in this Agreement, and agree to comply with them.
4. smokeaway.com reserves the right to update or modify these Terms of Service at any time, in our sole discretion and/or according to new circumstances that may arise as result of legal, market, technological or other change. Consequently, we encourage all Users to review this Agreement frequently to ensure your continued understanding, knowledge, acceptance, and compliance with them.
5. User has read, understands and agrees to all Legal Disclaimers on this smokeaway.com website.
6. Any user who does not accept and agree to abide by all of the Terms of Service as listed herein does not have the legal right to use this smokeaway.com website.
8. Appropriate and Permitted Use of this smokeaway.com Website - Users may not, under any circumstances, use this smokeaway.com website to contribute, post or transmit any material of an infringing, threatening, abusive, hateful, harassing, libelous, inflammatory, obscene, indecent, pornographic, profane nature that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
9. Shipping Policy – All orders shipped within the U.S. are shipped via USPS within 2-3 business days. For international orders, we ship via UPS or DHL. Generally international shipments take 14-30 business days from day of shipment unless customs causes a delay for some reason. If you have not received your order within 21 days from your purchase date, please call our customer care center to request a reshipment of your order. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and handling charge equal to your original order. To manage your order, contact Customer Care at 1-800-611-5930.
10. Cancellation, Refund and Return Policy - Once an order has been submitted your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipping. Due to the high volume of orders we receive we will be unable to cancel an order after submitted. Please order carefully. We take great pride in the superior quality of our products and want you to be pleased with your purchase. We believe in offering the very best value, quality and selection to our customers. To inquire on a refund, please contact smokeaway.com Customer Care at 1-800-611-5930. If You are ever not satisfied with any Product that You ordered, You may call Our Customer Service Department and request a refund. You may receive a refund of any Product that You ordered up to thirty (30) days after Your order was placed. Customers will receive a single refund per Product ordered, and repetitive refunds are not permitted unless the Product, as delivered to You, is defective. The Company reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in the Company's judgment, requests refunds in bad faith. In order to process Your refund, You must supply Us with Your name and delivery address. If You provide us with incorrect information, Your refund will be delayed. Refunds can take up to thirty (30) days to appear on Your credit card statement depending on the bank that issued your credit card. If You have any questions about whether a refund has been issued, please call Our Customer Service Department.
If You believe that You have been billed improperly, please notify Our Customer Service Department immediately.
If you are unsatisfied with our product, you may return the unused portion 30 days from the date that the product was originally shipped to you for a FULL refund according to the following terms. To obtain a FULL refund, your return must be postmarked 30 days from the date that the product was originally shipped to you.
1. We cannot process or refund packages marked "Return to Sender."
2. Refunds will be issued to the same credit card that was charged when ordering the product.
3. To ensure a refund is processed for you, please send returns to the following address:
Attn: Fulfillment Center
RMA # (initial Order #)
P.O. Box 413019
Naples, Fl 34101
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery. After the shipping department receives your return, it generally takes 2 business days or sooner to process your refund. Once a return is processed, it usually takes 3-5 business days for this return to be posted to your account, depending on your financial institution.
A. smokeaway.com makes no guarantee that you will accomplish your fitness, health and/or wellness goals.
B. Our information, online specialists and other staff make every effort to prepare you to achieve your goals. It is up to you to put forth the effort to apply healthy life habits.
C. However, if you are still completely unsatisfied with the product. You may call within 30 days of your order date to receive a return authorization for a refund.
12. Indemnification and Hold Harmless
A. User agrees to indemnify and hold harmless smokeaway.com , its officers, directors, employees, agents, affiliates and representatives from and against any claim, cause of action or demand, including but not limited to reasonable legal, accounting and other professional fees that may result from your use of our website services or your breach of these Terms of Service.
B. smokeaway.com will notify users of any such claim, suit or proceeding in a timely manner.
C. User acknowledges and agrees to smokeaway.com’s terms and conditions. User agrees that, should any dispute with a third party result from or arise in connection with any use of this website or our publication or services, User will indemnify and hold harmless smokeaway.com its employee, representatives, agents or others acting on its behalf, from any liability resulting from any legal action, claim or dispute arising from our in connection with User’s use of smokeaway.com’s services under this Agreement.
13. Corporate Liability Limitations
A. User understands and acknowledges that we have no control over the quality, safety or legality of the content or information submitted by users on this smokeaway.com website. Because it is not feasible to authenticate users on the Internet; smokeaway.com cannot and does not verify or confirm that each user is, in fact, who he or she purports to be. (see also #6, User Identification and Verification, herein)
B. User agrees to release smokeaway.com , its agents, employees and affiliates from any or all claims, demands and damages actual and consequential, direct and indirect, express and implied of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, any disputes between or among users of this smokeaway.com website, products and services.
C. smokeaway.com shall not be responsible for any inaccuracies or typographical errors, and does not make any representation about the accuracy, reliability, completeness or timeliness of either our website or the material contained on it.
D. smokeaway.com expects and assumes that users will exercise caution and demonstrate common sense when using this smokeaway.com website and products.
E. Anyone using this smokeaway.com website and its content does so at his or her own risk. The user is solely responsible for the content submitted on any and all forms or documents available to user on the tryrsmokeaway.com website.
F. Although we make every effort to provide timely and accurate information, the law is constantly changing. Users of this smokeaway.com website are solely responsible for the accuracy and correctness of all information they provide to complete any documents and forms on this website.
14. Limited Liability - User understands and agrees that smokeaway.com , its officers, employees, agents, partners, and others acting on its behalf, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if smokeaway.com has been advised of the possibility of such damage(s), resulting from: (a) the use or inability to use this website; (b) unauthorized access to or alteration of your transmissions or data; (c) any statements or conduct made by any third party; or (d) any other matter relating to this smokeaway.com website or smokeaway.com product.
15. Liability Disclaimer Computer Software and Internet Communications
A. User agrees that smokeaway.com shall not be held responsible for late, lost, incomplete, illegible, misdirected or stolen email, unavailable network connections (cable or phone modem), failed, incomplete, garbled or delayed data transmissions, online failures, hardware, software or other technical malfunctions, disruptions or disturbances or any other communications failures or circumstances that may affect, disrupt or corrupt communications.
B. smokeaway.com assumes no responsibility, and shall not be held liable for, any damages to, or viral infection of, your computer system, network or other property on account of your access to, browsing of or use of our website or the downloading of any materials, data, text, graphics, or other material. Any material that you download or otherwise obtain through our service or website is done at your own risk and discretion. User is solely responsible for any damage to user’s computer system or any loss of data that may result from the downloading of such material.
C. Under no circumstances, will smokeaway.com be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, savings, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability or otherwise, which may arise out of or in any way whatsoever connected to the use of or access to our website content or services, any failure, delay or inability to use our service, cost of procurement of substitute services, unauthorized access to/alteration of your transmissions or data, statements or conduct of any third party on the service, whether or not we are advised of the possibility of such damages by you or another party.
D. User understands and agrees that smokeaway.com entire liability, and user’s exclusive remedy with respect to any services rendered by smokeaway.com under these Terms of Service and any breach of these Terms of Service, is solely limited to the total amount paid to smokeaway.com for purchase of the smokeaway.com product.
16. Warranty Disclaimer
A. Except as explicitly provided in this Agreement, smokeaway.com makes no representations or warranties of any kind, express or implied, concerning our website and/or its materials, all of which are provided on an as is and as available basis.
B. smokeaway.com expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, as well as those arising by statute or otherwise in law or from a course of dealing or usage of trade.
C. No information, either verbal or written, that user may obtain through smokeaway.com or its products, including but not limited to Smoke Away, shall create any warranty that is not expressly stated in these Terms of Service.
17. Breach, Revocation and Right of Refusal
A. Failure to abide by any of the Terms of this Agreement may be considered as a material breach of contract. In such case, we reserve the right to immediately terminate or deny User the right to use our services.
B. smokeaway.com reserves the right to cancel, deny or refuse service at our sole option and discretion in the event that you have supplied us with information that we find to be false, misleading or that conceals or omits any details that could influence the services we provide to you.
C. User understands and agrees that smokeaway.com shall not be held liable for any losses or damages that may result from our refusal to provide you our services.
D. smokeaway.com may act, at its sole discretion, with respect to user-submitted information that we deem necessary or appropriate if we believe it may result in potential liability for us or that it may cause us to lose, in whole or in part, the services of smokeaway.com’s Internet Service Provider (ISP) or other suppliers.
18. Changes, Revisions and Modifications - smokeaway.com reserves the right to revise these Terms of Service and change the services provided under this Agreement. User acknowledges that any such revision or change will be binding and will take effect immediately upon posting. User understands that, by continuing to use our services following such notice. User must abide by those revisions and changes.
19. Privacy of User Information
20. Website Security and Security of User Information
A. Data Security
1. smokeaway.com takes appropriate and necessary measures to protect all data that contains information related to you.
2. User hereby waives all claims of any nature against smokeaway.com concerning the loss, alteration, or misuse of any such data or information.
B. Although we take every effort to ensure safe use of this website, we recommend that you install a firewall and antivirus program on your computer.
C. Cookies - In order to maximize your surfing experience, User/Member agrees to follow these instructions regarding cookies: Set your firewall and A/V security to accept all cookies from smokeaway.com .
D. smokeaway.com , through this smokeaway.com website, provides all Users with a secure environment for use of our services. This smokeaway.com website is hosted on a secure server to ensure that all financial transactions are secure.
E. Anti-Spam Policy
1. smokeaway.com does not tolerate spam in any form.
2. By providing information to this smokeaway.com website that forms the basis of our communication with you, such as your email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations.
3. However, all such email communication with you shall contain an 'unsubscribe' link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.
4. User understands and agrees that we consider any spamming by User to be a breach of these Terms of Service, and will result in User’s account being frozen by smokeaway.com 5. Any User who receives SPAM from another smokeaway.com user or customer should report this to smokeaway.com immediately by calling Customer Support.
If it is proven that any User or client engages in spam activity then smokeaway.com will hold that User or client’s account, notify them of the problem immediately, and enforce our anti-spam policy to the full extent as provided by law.
F. Anti-Phishing Policy
1. E-mail spoofing or phishing allows hackers to send messages to people with information that looks like it came from the official company, such as smokeaway.com or smokeaway.com Inc.
2. User understands and agrees that it is possible for your personal data to be obtained by others, as "hackers," and phishing used in an inappropriate manner that may cause you harm.
3. Such practices are illegal and smokeaway.com will enforce and prosecute identified offenders to the full extent provided by law.
4. smokeaway.com , its employees, or representatives acting on its behalf will never request your password, name, address, or other such information.
5. User shall be solely responsible for any damages you may incur as a result of such hacking or phishing.
G. Users are prohibited from engaging in any activity that violates or attempts to violate the security of this smokeaway.com website, including (but not limited to): accessing data not intended for your use; logging into servers or accounts for whose use you are not authorized; trying to probe, test or scan the system or network’s vulnerability or to breach security measures or authentication procedures without authorization; attempting to interfere with service to any user, host or network, submitting a virus, worm, or any other software, overloading the system, crashing or spamming; sending unsolicited email, including promotions/ advertisements of products or services; falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting or impersonating someone else.
H. Users are further prohibited from using any software, device, search engine or other action that may interfere with the proper functioning of this website or any business activity being conducted on it.
I. Navigating or searching this website by any means other than the navigation tools provided on our smokeaway.com website or by such reputable third-party web browsers is prohibited.
J. Any attempt to decipher, decompile, reverse engineer or otherwise interfere with any of the software is prohibited.
K. Any security violations of our computer and internet system or network may result in civil or criminal prosecution. smokeaway.com will investigate and/or report any and all such occurrences to the proper law enforcement authorities and cooperate fully with them in prosecuting users who perpetrate or participate in such violations. Anyone engaging in such prohibited activity shall be held responsible and liable for any and all damages that may result from such prohibited activity to smokeaway.com and any of its employees, agents or representatives; any other users of this smokeaway.com website or other parties that may be adversely affected by such prohibited activity.
21. Termination - smokeaway.com reserves the right, at its sole discretion, to pursue all available legal remedies if any User is found to be in breach of these Terms of Service.
22. Severability - In the event that any provision of these Terms of Service is determined to be unenforceable, invalid, unlawful or void, by any court having competent jurisdiction, then said provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
23. Disputes and Dispute Resolution
B. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Hearings will take place in Delaware.
C. The arbitrator's decision will be final and binding with limited rights of appeal.
D. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
24. Governing Law and Consent to Jurisdiction - This Agreement and its performance are governed by the laws of the State of Delaware. User hereby consents and submits to the exclusive jurisdiction of the Courts located in the State of Delaware to resolve all disputes that may arise out of or are related to the use of smokeaway.com under this Agreement. User agrees that the applicable law to be applied shall, in all cases, be that of the state of Delaware.
25. Entire Agreement - These Terms of Service constitute the entire agreement between User and smokeaway.com with respect to your use of this smokeaway.com website.
Call us toll free: 1-800 611-5930